ESP/ENG

ADMINISTRATIVE CONTENTIOUS COURT OF THE STATE OF MEXICO RECOGNIZES THE LEGITIMATE INTEREST OF A NEIGHBOR TO CHALLENGE THE CONSTRUCTION LICENSES OF AN APARTMENT BUILDING

The Second Section of the Superior Chamber of the Administrative Contentious Court of the State of Mexico ruled that a neighbor from La Herradura neighborhood in Huixquilucan has a legitimate interest to challenge the legality of the land use and construction licenses issued in favor of a third party, to build an apartment building in a single-family area. This derives from the judgment dated November 30, 2012, on the review recourse 836/2012, sponsored by Rusconi & Sauza. This judgment revokes the decision taken at first instance by which, erroneously, the Regional Chamber determined that a neighbor could not challenge acts of which he was not the recipient. This strengthens the criterion that grants procedural standing to neighbors to prevent, through legal means, their neighborhoods from being affected by the indiscriminate proliferation of illegal constructions.

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